SAN JOSE, Calif. (KGO) — In San Jose, four city council members are proposing a new policy that would prohibit Immigration and Customs Enforcement agents from concealing their identity.
It’s an issue that has put many in the community on edge, eroded trust and in some cases, it has even led to people posing as agents.
In a city of immigrants, located in the heart of Silicon Valley, San Jose City Councilmember Peter Ortiz says the city must innovate to combat harmful immigration tactics happening across the country.
“If we are not careful, our society as we know it will become dismantled if we allow this sort of unaccountable type of immigration enforcement that we’ve been seeing,” Ortiz said.
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Ortiz and his colleagues are proposing policies to formally restrict ICE – they’d be the first of their kind in California.
If approved, all law enforcement agencies, including ICE agents, would be required to display official identification.
They would also not be allowed to use masks or face coverings, except for health or safety reasons, during operations in San Jose.
Jeremy Barousse with Amigos de Guadalupe and the Immigrant Protection Empowerment Network says the policies will ease fears felt by many in the community.
“We have families who are afraid to leave their homes out of fear of being separated,” Barousse said. “This is a great step forward in really prioritizing the safety and well-being of our immigrant community.”
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Santa Clara University Clinical Professor of Law Evangeline Abriel says legally, states and cities have the right to protect people within its borders.
But the constitutional Supremacy Clause preempts state and local laws that conflict with federal immigration enforcement and Abriel says this will make it difficult to enact Ortiz’s proposal.
“Federal officers are protected against being sued or sanctioned by state officers when they’re doing their job,” Abriel said. “So, even if the ordinance is put into place, I’m not sure how you would actually go about enforcing.”
Ortiz anticipates litigation, but stands by his decision to support his community.
The proposal will be heard at the city’s rules committee meeting on Wednesday before facing the full council.
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